8 P8 



REPLY 



THE COMMISSIONERS FOR THE ERECTION OF 
THE PUBLIC BUILDINGS 



T(l TIIK I!K()li;.ST 01' 



HON. SAMUEL G. KING, 

.Mayor of Puiladelphia, 



^TAIEMEXT OF THEIli OPERATIONS I)UR1N(; 
THE YEAR 1883, 

AND roil SUOII OTHKlt 

INFORMATION AS WILL BE OF INTEREST TO TIIK 
CITY OF PHILADELPHIA. 

TO WUICH IS ADDED 

COMMUNICATIONS FROM THE COMMISSIONERS TO COUNCILS. 



OPINION OF WILLIAM RAVVLE, 

u THE COMMON COUNCIL OF THE CITY OF jPHILADELPHIA. 

MAY 28, 179'J, 

\- TO TIIK UKillT OF THE flTY TO THE CKNTHE (PENN) SQUAltE, 

AND TO EKECT A BUILDINO FOR PUBLIC PURPOSES 

rPON THE INTEHSECTION OF liKOAD AND 

IIKill (MARKET) STREETS. 



l'lIlL.M)KLl>in .\: 

l'RIMi:i) Foi! TIIK coMMFSsioNi:!;-;. 

iss I. 



REPLY 

OK 

THE COMMISSIONERS FOR THE ERECTION OF 
THE PUBLIC BUILDINGS 

TO THE REQUEST OF 

HON. SAMUEL G. KING, 

Mayor of Philadelphia, 



STATEMENT OF THEIR OPERATIONS DURING 
THE YEAR 1883, 

AND FOR SUCH OTHER 



d 



INFORMATION AS WILL BE OF INTEREST TO THE 
CITY OF PHILADELPHIA. 



TO WHICH IS ADDED 



COMMUNICATIONS FROM THE COMMISSIONERS TO COUNCILS, 



OPINION OF WILLIAM RAWLE, 

TO THE COMMON COUNCIL OF THE CITY OF PHILADELPHIA, 

MAY 28, 1799, 

AS TO THE RIGHT OF THE CITY TO THE CENTRE (PENN) SQUARE, 

AND TO ERECT A BUILDING FOR PUBLIC PURPOSES 

UPON THE INTERSECTION OF BROAD AND 

HIGH (MARKET) STREETS. 



PHILADELPHIA: 
PRINTED FOR THE COMMISSIONERS. 

1884. 




.2 

■:Ftn 



i 



^^ 



REPLY 



THE COMMISSIONERS FOR THE ERECTION OF THE 
PUBLIC BUILDINGS 

TO THE KEQUEST OF 

HON. SAMUEL G. KING, 

Mayor of Philadelphia, 



STATEMENT OF THEIR OPERATIONS DURING 
THE YEAR 1883, 

ANT) FOR SUCH OTHER 

INFORMATION AS WILL BE OF INTEREST TO THE 
CITY OF PHILADELPHIA. 



Philadelphia, March 8, 1884. 
Hon. Samuel G. King, 

Mayor of Philadelphia. 

Dear Sir: — The Commissioners for the Erection of the 
Public Buildings, in response to your request for a statement of 
their operations for the year ending December 31, 1883, together 
with such information as will be of interest to the city of Phila- 
delphia, respectfully present the following reply : — 

The balance to the credit of the Commissioners on the 31st of 
December, 1882, was $24,522 76. There was appropriated for 
the year 1883, by the City Councils, $750,000, making a total 
applicable to the purposes of the Commissioners, during the year 
1883, of $774,522 76. Of this there had been expended up to 
December 31, 1883, $744,886 45, leaving an unexpended balance 
carried to their credit for the present year (1884) of $29,636 31. 

There were, however, outstanding claims and demands against 
the Commission amounting to $457,224 30, including the very 
large balance due since December 31, 1879, to Messrs. Struthers 
& Sons, of $189,171 21, besides interest, all of which will have 
to be paid out of the appropriation made by ordinance ap- 
proved December 31, 1883, for the purposes of the Commis- 
sioners during the year 1884, as soon as it becomes available. 

During the past year the entire marble work on all the fronts 
and court-yard has been completed and is set in place, and the 
trestle-work and scaffolding has been entirely removed from the 
eastern and western fronts. The clock tower has been carried to 
a height of 118 feet above the street level, being as high as the 
trestle-work then erected would permit. This trestle-work is to 
be replaced by a new system of hoisting, operating from within 
the walls of the tower itself, and when completed will permit the 
entire removal of the only remaining ])()rtion of the original 
Irestling in front i>f the north centre pavilion. 

Sufficient marblcy dressed and in (lif rongli, has been ordererl 



and mostly delivered at the building and at the shops of the con- 
tractors to complete the (^lock tower to a height of 330 feet. 

The iron framings of all the roofs, except those for the north 
centre pavilion and wings, are in place ; and the whole of the 
roofs of the southern front, together with the south wings and 
curtains of the east and west fronts, have been covered with 
slate and Neuchatel mastic. 

All of the polished granite and dressed sandstone for the 
Conversation Hall of Councils has been set in place complete, 
and is arched over ready to receive the cast-iron pendentive 
dome, at the height of 90 feet above the floor line. 

The i)rincipal staircase of the south centre pavilion, 103 feet 
in height, is entirely finished ; and the flying stair of polished 
granite and sandstone, in the southeast corner pavilion, has been 
set in place, 100 feet in height, ready to receive the cast-iron 
dome and ceiling, which, when completed, will make the entire 
height of this stairway 118 feet above the level of the first floor. 

Part of the bronze balustrades and hand-rail for this stairway 
has been delivered, and it is hoped during the coming year that 
the whole of it will be set in place. 

The principal work proposed for execution during the year 
1884 is to finish the roofs of the north centre pavilion and 
wings, which, with the exception of the dome of the clock 
tower, will complete the permanent covering of the entire build- 
ing ; to extend the marble and brick work of the clock tower 
80 feet above its present height ; to construct the boiler-house 
beneath the northeast corner of the court-yard, for the use of 
the electric light and hydraulic elevator system ; to set the curb- 
ing and complete the sidewalks on the southern, eastern and 
western fronts. 

The records of the (Superintendent's office show tiic following 
materials and labor have been received and used in the building 
during the year ending December 31, 1883 : — 
66,042.1" cubic feet of marble from Lee, Mass. 

5,000 cubic feet of sandstone (Ohio). 

8,750 cubic feet of granite, polished (Mass.). 



713 tons 1595 pounds cast-iron door trimmings, cornices, 

ceilings, etc. 
872 tons 1462 pounds rolled-iron beams and girders for 
floors and roofs. 
7 tons 450 pounds wrought-iron clamps, tie rods, bolts 
and braces. 
30,000 square feet of roofing slate, sawed and planed. 
4,104,000 hard bricks. 
18,000 pressed bricks. 
2,500 white bricks. 

There have been used in the construction, from the commence- 
ment of the work to the 31st of December, 1883, the following 
materials : — 

80,325 cubic feet of concrete foundations. 
824,865 cubic feet of foundation stone from Conshohocken, 

Pa. 
207,926 cubic feet of dressed granite from Concord, N. H., 

Blue Hill, Me., and Cape Ann, Mass. 
670,472.3" cubic feet of marble from Lee, Mass. 
111,141.8" cubic feet of buff and blue sandstone from Ohio. 
3,192 cubic feet of sandstone from Hummelstown, Pa. 
32,436 cubic feet of polished granite from the quarries 
on the Magaguadavic River, near St. George, 
N. B., and from Quincy and Cape Ann, Mass. 
12,500 cubic feet of polished marble from Rutland, Vt., 
and Montgomery county. Pa. 
60,800,850 hard bricks from Philadelphia. 
227,520 pressed bricks from Philadelphia. 
161,750 white bricks from Philadelphia. 
149,988 enamelled bricks from Philadelphia. 

3,279 tons 1086 pounds of rolled iron for floors and roofs. 
97 tons 1674 pounds of wrought-iron clamps, ties and 
bolts. 
1,879 tons 707 pounds of cast-iron door and window 
dressings, askewbacks, bricks, ceilings, cornices, 
plates and lintels, etc. 
26,298 square feet of bond slate. 



76,700 square feet of roofing slate, sawed and planed, and 
weighing 630 tons. 
Whole number of bricks of all kinds, 61,333,108. 

The excavations for the cellars and the foundations required 
the removal of 145,870 cubic yards of earth. 

There is submitted herewith a pamphlet containing the results 
of Tests of Material made by the Ordnance Department of the 
United States, at the request of the Commissioners, upon the 
testing machine at the Arsenal, Watertown, Mass., showing the 
most satisfactory results in establishing with accuracy the excel- 
lent quality of the material which enters into the main structural 
features of the building, and affording complete assurance of its 
stability. 

The entire amount appropriated by Councils 
to the Commissioners since 1872, when the first 
appropriation was made, to 1883, both years 
inclusive, is $8,241,609 88 

No appropriation whatever was made for the 
year 1877 ; and no special tax has been levied 
since 1876 for the Public Buildings, — the ap- 
propriations for 1878 and the subsequent years 
having been made out of the general annual tax. 

To the appropriations thus made there should 
be added the amounts of special warrants issued 
by tlie Commissioners to William Struthers & 
Sons for bills under their contract for the marble 
and marble work of the exterior, in addition to 
bills under their contract which were paid out 
of the appropriations, ..... 1,519,515 24 



Making a total of . .' . . . $9,761,125 12 

And deducting from this the total amount of 
expenditures by the Commissioners up to the 
close of the year 1883, 9,731,488 81 



Leaver the balance, as above stated, of . $29,636 31 



9 

The contract of Messrs. William Struthers & 
Sons for the marble and marble work of the 
exterior was for $5,300,000 00 

They have been paid Qly^ per cent., . . 4,823,662 18 



Leaving a balance of S-^^^-^ per cent, on the 
contract price^ due January 1, 1884, to wit, for 
the 10 per cent, retained under the contract 
($91,738 55), and for material and work still to 
be furnished and performed under their con- 
tract ($384,699 27), $476,437 82 

It is not to be overlooked that the amount expended by the 
Commissioners includes many items not properly chargeable to 
the construction of the buildings. 

The preparation of the ground for excavations involved the 
change of the gas pipes and of the two water mains of 20 and 
30 inches in diameter from their course through the ceiitre of 
Broad Street to a circuit around the site of the buildings. The 
tracks of the West Philadelphia Passenger Railway were changed 
from the centre of Market Street and laid around the site ; and 
the freight railroad owned by the city, and which ran through 
Market Street, was entirely removed after it had ceased to be of 
nse in the transportation of materials for the buildings. These 
changes involved a heavy outlay, Avhich was charged to the 
Commissioners, and paid out of the appropriations to them. 

The Supreme CotU't of the State has had its attcominodations 
since January 1, 1877 (including the Prothonotary's office), on 
the first story of the south front, occupying all the rooms on the 
south side of the corridor west of the central pavilion. 

The Highway Department was opened for business in the new 
buildings December 10, 1878, occupying rooms on the first story 
of the eastern front, south of the central pavilion. 

The Survey De])artment removed July 1, 1879, to rooms north 
of the central pavilion, on the same floor and front with the 
H i g h w a y De [>a r t m e n ( . 



10 

The headquarters of the Division, and of the First Brigade of 
the National Guard of Pennsylvania, were provided with con- 
venient rooms in the basement story adjoining the Department 
of Markets and City Property, and on November 1, 1879, 
Major-General John F. Hartranft and Brigadier-General George 
R. Snowden, commanding the Division and Brigade, took pos- 
session of tlieir respective quarters. 

The following departments have also removed to rooms fitted 
up for their accommodation in the new buildings : — 
Boiler Inspectors, January 17, 1880. 
Board of Revision of Taxes, March 1, 1880. 
Markets and City Property, April 21, 1880. 
Receiver of Taxes, May 3, 1880. 
City Commissioners, March 4, 1882. 
City Controller, March 13, 1882. 
City Treasurer, March 20, 1882. 
Commissioners of Fairmount Park, March 18, 1882. 

The apartments thus occupied, with the exception of the two 
rooms for headquarters of the Division and First Brigade of the 
National Guard, have been fitted up and furnished out of the 
ap])ropriations made to the Commissioners, involving a large 
outlay, chargeable to furnishing and not to construction account. 

All the expenses of heating and lighting the portions of the 
buildings used for and in connection with the rooms occuj)ied by 
these several departments have been paid out of the appropria- 
tions to the Commissioners for the erection of the Public Build- 
ings. These expenses, which in the aggregate amount to a very 
considerable sum, are not properly chargeable to the construction 
or furnishing of the buildings. 

In June, 1879, by resolution of the Commissioners, the pas- 
sao-ewavs throug-h the buildino-s on the lines of Market and 
Broad Streets were directed to be kept open till a late hour at 
night, and these important thoroughfares have since that time 



11 

been kept well lighted, and the expense met out of the appro- 
priations to the Commissioners. The electric lights were intro- 
duced principally with a view of meeting this special necessity. 
The matter of an equitable adjustment and distribntion of the 
expenditures thus made out of the appropriations to the Com- 
missioners may be the subject of future consideration. In no 
sense can they be regarded as properly chargeable to the cost of 
the buildings or their furnishing. 

As stated in the communication of the undersigned, December 
30, 1882, addressed to you in response to a verbal request for 
information desired for the Message which you were then pre- 
paring to send in to Councils at the beginning of the year, " The 
books of the Commissioners, which agree Avith those of the City 
Controller, and which are at all times open to your inspection, 
not only as ex officio a member of the Commission, but as chief 
magistrate of the city, will give the amounts of appropriations 
and expenditures to the utmost fraction." " The Commissioners' 
proceedings and the state of their finances and accounts are all 
matters of record, and any information which you may at any 
time desire will be cheerfully aiforded, with full explanation of 
details and opportunity to examine their books and papers." 

The above is respectfully referred to in conjunction with the 
frequent communications of the Commissioners to Councils, and 
the matter which has been printed from time to time for the in- 
formation of the public, to whom the meetings of the Commis- 
sioners and their committees have been open from a very early 
period in the existence of the body, as showing their desire and 
willingness to have the citizens of the Municipality accurately 
informed as to the facts relating to the administration of the trust 
confided to the Commission by the supreme power of the Com- 
monwealth. 

Respectfully submitted on behalf of the Commissioners. 

Samuel C. Perkins, 

President. 



COMMUNICATIONS 



THE COMMISSIONERS FOR THE ERECTION OF THE 
PUBLIC BUILDINGS 



COUNCILS OF PHILADELPHIA. 



15 



Philadelphia, Nomnbcr 21, 1878. 

To the Scleef and Common Councils 

of the City of Philadelphia. 

Gentlemen : — The Act of Assembly, approved August 5, 
1870, to provide for the erection of the Public Buildings, en- 
joins that the " Commissioners shall make requisition on the 
Councils of said city, prior to the first day of December in each 
year, for the amount of money required by them for the pur- 
poses of the Commission for the succeeding year," and in ac- 
cordance with that enactment the Commissioners hereby make 
requisition on Councils for the sum of one million two hundred 
and sixty-five thousand dollars ($1,265,000), required for the pur- 
poses of the Commission for the year 1879. This amount cor- 
responds with that mentioned in a communication addressed by 
the undersigned to the City Controller under date of the 16th 
inst. 

The Commissioners respectfully represent that of the $600,000 
a})propriated by the ordinance of March 23, 1878, the sum of 
$112,170 18 was at once paid out to the marble contractors in 
satisfaction of certificates or warrants for material and labor fur- 
nished and done under their contract during the year 1877. 
This was necessary to ciarry out the understanding upon which 
the special stipulation was made by these contractors not to 
exceed a certain limit in their amount to be claimed from the 
city during 1878 under their contract. 

With the limited amount at their disposal the (V)mmissi(mers 
have not been able to accomplish as much as would have been 
desirable. At the same time substantial progress has been made 
towards the completion of the work. 



IG 

The entiro sonllicni iVonl lias hccn c(tni|)l(4('(l fo the arclihravc 
course oi' the seeond story, inclusive, with the exception of a few 
stones, which, it is hoped, will be in place by the close of the 
year. The marble work on the eastern and western fronts has 
been well advanced, and in some places to a height equal to that 
of the southern front. On the northern front comparatively 
little has been accomplished, as the inability of the Commissioners, 
with the means at their disposal, to proceed with some necessary 
work on the northern entrance and vestibule, and the adjoining 
Council chambers, made it impracticable for the contractors to 
continue their scaffolding for work on that portion of the build- 
ing, even had the appropriation under the ordinance referred to 
allowed a larger expenditure for marble and marble work. 

The court-yard is complete to the frieze course of the second 
jirincipal story, inclusive, upon the southern side, and upon the 
eastern and western sides to an equal height as far round as to 
within a short distance of the angle at the jvniction with the 
northern side. 

The ceilings upon the eastern entrance and its adjacent stair- 
cases have been completed, and the flooring of the second story 
above has been finished with a view to the permanent construc- 
tion to such a degree as to aiford perfect protection to these ceil- 
ings ; and the same arrangement has been made in respect to the 
flooring over the ceiling of the western entrance, Avhich had 
theretofore been covered by a temporary wooden roofing. The 
staircases to the galleries of both Council chambers are now com- 
pleted and ceiled. 

Contracts were made upon very favorable terms for such por- 
tions of the interior stone work of the vestibule of the northern 
entrance, above the basement story, as required to be ready and 
in place at the l)eginning of next year. Six monolithic shafts 
of polished granite, 24 feet high and 2| in diameter, to rest with 
corresponding plinths and bases upon the pedestals already in 
position in the basement story, have been so far advanced in the 
polishing that they will be ready to deliver and set in place early 
in the spring. This, with the providing of the large compound 



17 

girders which are required for the Council chambers, will allow 
of sucli an advance in all the work upon the northern portion 
of the buildings as can, if the means are provided, insure the 
completion of the Council chambers during the coming year, 
together with the rooms intended for the Mayor and the offices 
connected with the executive branch of the municipality. 

A large amount of work and material has been put into the 
interior walls, and at every point the work of construction has 
been carried forward in the most advantageous manner to the 
extent that the funds would allow ; and the whole building is in 
such condition that it is confidently expected that it can, during 
the coming year, be completed in all the main structural features 
to the cornice of the second story, inclusive ; and, at the same 
time, the initiatory steps taken for the providing and erection of 
the permanent roof structure over a large portion, if not the 
whole, of the wings and curtains of the southern portion. This 
expectation, however, is based upon the appropriation by Coun- 
cils of the amount for which requisition is made as above. 

It will require for the furnishing, dressing and setting of the 
marble alone, which will be necessary for this purpose, a very 
large portion of the amount named, which by no means represents 
the sum Avhich could be judiciously and economically used in 
forwarding the buildings towards completion. The capacity of 
the quarries and the facilities of the marble contractors have by 
no means been employed to the full extent which they might 
have been had provision been made for a prompt and continuous 
furnishing of the necessary accessories, such as was contemplated 
by all parties when the contract was made, and with a confident 
reliance upon which the contractors undertook to complete their 
part of the contract in six years from its date, December 16, 
1873, and made all the requisite preparations and investments 
in tools, machinery, etc. 

The ordinance recommended by the Finance Committee (Ap- 
pendix, Journal Common Council, No. 205) having been passed 
and approved, provision was thus made for payment of the 

2 



18 

expense of" fitting up and furnishing rooms for the use of the 
Higliway Department; and this work has been very nearly 
completed, and the rooms will be ready for occupancy at or very 
soon after the beginning of December. It was found to be the 
truest economy to make a considerable portion of this work of 
a permanent structural character, which has been charged to the 
expenditure of material and labor of the general structure. 

Respectfully submitted on behalf of the Commission. 

Samuel C. Perkins, 

President. 



19 



Office of the Commissioners for the 

Erection of the Public Buildings. 

Philadelphia, October 7, 1879. 

To the Finance Committee of Councils : 

The requisition, dated September 24th, made upon Councils 
in obedience to the Act of Assembly, by the Commissioners, for 
the amount of money required for the purposes of the Commis- 
sion for 1880, having been referred by Councils to the Finance 
Committee, the Commission present the following statement : — 

The requisition is made obligatory upon the Commission by 
the express terms of the Act, and the decision of the Supreme 
Court has emphasized the duty entrusted to them. The Act of 
Assembly of August 5, 1870, establishing the Commission, and 
the decision of the Supreme Court in the Mandamus Case, are 
familiar, doubtless, to all the members of Councils, and need not 
here be referred to in detail. 

In no shai)e or way is it made the duty of the Commission to 
])rovide the money for the execution of the trust committed to 
them ; and they have never ventured even a suggestion as to the 
matter. This would be an intrusion upon the province of Coun- 
(rils. The Commission have confined themselves to their own 
duties, as prescribed by the law-making power which created 
both bodies. At the same time, in considering the amount of 
money required for their purposes from year to year, the Com- 
mission have not l)een unmindful of the financial condition of 
the city. In the language of the Supreme Court : '' They have 
no private interest in the premises which are not in common Avitli 
otlier citizens." "In the public interest" they took the neces- 
sary measures to establish their rights under the law, but they 
have taken no step to enforce, by execution, the rights thus es- 
tablished. 



20 

In tu'oordanoe witli the expressed wish of C'ouneils that rooms 
sliould be fitted up for tlie accommodation of certain depart- 
ments, an expenditure has been made in tlie direction of the 
permanent structural portions of the building in the interior, to 
an extent not contemplated in the early part of the year, but 
which was rendered necessary by true economy, for the rooms 
required to be fitted up. The limited appropriation made by 
Councils, combined with the changes made necessary in the 
adapting a portion of the building to present occupation, re- 
stricted the Commissioners in reference to the action which they 
desired to have taken towards the placing of at least a large por- 
tion of the building under permanent roof. Had they been able, 
at the commencement of the present building season, to have 
made their contracts for the iron work of the permanent roof, 
they could have done so for, probably, at least half the building, 
and at a saving to the city of some $100,000 or more, owing to 
the great advance since in the price of all kinds of iron work. 

The amount for which the Commissioners made their requisi- 
tion for 1879 was based upon the estimates and calculations made 
the previous year in the course of the conferences between them- 
selves and the Finance Committee of Councils ; and it was then 
distinctly explained and understood that if the Commission 
could have $750,000 for 1878, and $1,250,000 for 1879, the 
building could be carried up to the cornice of the second story 
all round upon the exterior, and also upon the court-yard ; and 
the corridor and division walls of the interior, with all the neces- 
sary girders and beams for the principal permanent structure of 
the entire building, to that height, could be completed. 

This, however, did not take into consideration the fitting up 
of any portion of the building for temporary occupation. In 
January, 1877, a communication had been addressed to Councils 
by the Commissioners, stating their readiness, if necessary appro- 
priations were made, to fit up rooms temporarily for certain of 
the departments ; but, after full discussion and consideration of 
the subject, extending over several months. Councils failed to 
take final action, and dropped the matter. 



21 

In 1878 Councils made an appropriation of but $600,000, of 
which $112,170 18 was at once paid out to the marble con- 
tractors for amounts overdue them for work and material in 
1877. The appropriation for 1879 was but $750,000, instead of 
$1,265,000, for which the Commissioners made requisition. Both 
the sums appropriated in 1878 and 1879 were fixed without any 
calculation or estimate of what could be accomplished by them 
towards the completion of the buildings ; and the provisions 
attached to the appropriations prevented the Commissioners from 
proceeding with the work in accordance with their maturely con- 
sidered plans for its harmonious, judicious, and economical carry- 
ing on towards final completion. The delays, embarrassments, 
and derangement of plans thus entailed, have been productive of 
detriment to the work, and loss to the city. 

The amount named in the requisition for the year 1880 was 
based upon estimates for completing the marble work on all the 
fronts and court-yard to the level of the principal cornice ; and 
on the southern front and the south half of the east and west 
fronts (exclusive of the centre pavilions)^ to complete the attic 
story so that the roof might be set in place over that portion of 
the building. It was also intended to complete and set in place 
the iron beams and girders for the fourth floor ; to complete the 
second story of the Conversation Hall in the tower, and to con- 
struct the principal staircase in the centre pavilion of the south- 
ern entrance to its full height; and also to finish ready for 
occupancy the Council Chambers and the rooms appurtenant 
thereto. 

By leaving out of the work thus intended a large part of the 
rooting, and of the iron beams and girders, — the finishing of the 
Council Chambers, — and a part of the interior finish for which 
dressed stone is required, — and also part of the marble work as 
contemplated, the estimate can be reduced to $749,750. The 
whole of the Mork intended to be accomplished by the sum for 
which the requisition has been made upon Councils could be, 
with very great advantage to the buildings, completed during 
the next year. If the financial condition of the ntv and the rate 



22 

of tax as fixed by Councils seems to render it expedient to defer 
some part of tlie work to a subsequent year, the Commission are 
willing; to modify their requisition so as to reduce it to the less 
sum named— $749,750. 

In making this modification, however, the Commission deem 
it proper to say that this is the lowest amount with which they 
can carry on the operations of their trust ; and that with this 
reduction, and in view of the great increase in the price of many 
of the heavy materials used in the construction, it will hardly be 
possible for them to continue the fitting up of additional rooms 
for occupancy by the departments ; nor can the}^, in view of the 
probable further increase in prices and the uncertainty as to the 
facilities for making their contracts, specify in what direction the 
construction of the buildings will be carried on. This nuist be 
determined by their best judgment, as the exigencies of the case 
from time to time shall indicate to be the most judicious course 
to pursue'. 

The Commissioners therefore respectfully, but firmly, — again 
calling special attention of Councils to the very clear and decided 
language of the Supreme Court in regard to the respective duties, 
jiowers and rights of the two bodies under the Act of Assembly 
creating the Commission, — feel constrained to insist that the sum 
to be appropriated for their purposes during the coming year shall 
not only be not less than the amount named in this connnunica- 
tion, but shall be appropriated without proviso, limitation or 
condition in any way as to the mode of its expenditure. This is 
the right of the Commission under the law; if they violate their 
trust, the law gives ample redress. 

If, after this statement, there shall arise a want of harmony 
and confusion in the administration of the municipal affairs, and 
possible inconvenience and hardship, the responsibility must rest 
where it properly belongs ; the Commissioners cannot feel that 
any part of it will rest upon them. 

That there may not continue any misapprehension in the minds 



23 

of the community arising from grossly false statements, which 
any examination of the public records conducted with the slightest 
pretence to a regard to the facts would have prevented, the Com- 
missioners annex hereto detailed statements of the appropriations 
to and the actual expenditures by them, and of the amounts 
specifically raised for the erection of the buildings. 

From these statements it appears that the Commission came 
into existence August 5, 1870, upon the approval by the Gov- 
ernor of the act creating the body ; that the first appropriation 
made to the Commission was by ordinance of April 6, 1872 ; 
that the total appropriation, from the beginning down to and 
including that for the present year, amounts to |5,326,609 88 ; 
that the total actual expenditures by the Commission, from the 
beginning down to December 30, 1879, inclusive, amount to 
$5,396,929 00 ; that there was on the latter date an unexpended 
balance of appropriations to the credit of the Commission amount- 
ing to $194,877 14; that the amount received into the city 
Treasury from the direct tax up to October 1, 1879, has been 
$3,328,618 16, and from the Commissioners, for rent of fence 
and sale of old materials, etc., up to the same date, has been 
$5194 86. 

By order of the Commissioners. 

fSAMUP:L C. Perkins, 

President. 



24 



Appropriations hy Councils to the Commissioners for the Erec- 
tion of the Public Buildings. 

1872, April 6, 1872 (Orel. p. 120), 

Items 1 to 9 for 1870, 1871, $18,700 00 
Items for 1872, . . . 258,750 00 

$277,450 00 



1872, Dec. 28 (Ord. p. 641), for 1873, 769,750 00 

1873, May 12 (Ord. p. 201), for 1873 

(proceeds Water Pipe), 1,209 88 



770,959 88 

1873, Dec. 20 (Ord. p. 618), for 1874, . . 1,457,450 00 

1874, Oct. 26 (Ord. p. 314), warrants to amount 
of $500,000 of the $1,457,450 to be approved 
and paid from amount of general tax and pro- 
vided for out of special tax of 1875. 

1874, Dec. 28 (Ord. p. 452), for 1875, . . 875,750 00 

1875, Dec. 31 (Ord. p. 434), for 1876, . . 595,000 00 

1876, May 13 (Ord. p. 108), Avarrants to amount 
of $500,000 of the appropriation to be paid out 
of general tax. 

No appi'opriations for 1877. 

1878, March 23 (Ord. p. 56), for 1878, . . 600,000 00 

1879, January 4 (Ord. p. 2), for 1879, . . 750,000 00 



$5,326,609 88 
Expenditures out of appropriations (see p. 27) . 5,131,732 74 



Balance of appropriations unexpended September 

30, 1879, . 194,877 14 



25 



Statement of Expenditures on warrants drawn against appro- 
priations by the Commissioners for the Erection of the Public 
Buildings, from August 5, 1870, the date of tlie Act creating 
the Commission, to September 30, 1879, inclusive. 

1872. 



April, 


$37,326 58 


October, 


$21,308 42 


May, 


10,178 


17 


November, 


28,275 14 


June, 


4,951 


38 


December, 


27,343 30 


July, 


9,574 01 








August, 


6,700 


42 




$156,026 17 


September, 


10,368 


75 

18 


73. 




January, 


113,537 84 


August, 


$52,568 46 


February, 


6,760 


37 


September, 


41,810 44 


March, 


5,231 


22 


October, 


59,626 39 


April, 


3,738 


88 


November, 


50,857 11 


May, 


19,444 


04 


December, 


124,553 70 


-T 1 1 n p 


15 791 


59 






July, 


44,321 


41 
18 


74. 


$438,241 45 


January, 


114,184 


67 


August, 


$103,363 22 


February, 


27,369 


76 


September, 


107,162 58 


March, 


11,181 


09 


October, 


139,717 73 


April, 


45,428 


32 


November, 


101,205 85 


May, 


46,425 


23 


December, 


149,186 60 


.1 11 1)/^ 


79 199 


84 






July, 


1 t/j J- *J O 

183,301 


00 

18 


75. 


$1,007,725 89 


January, 


$131,739 


82 


August, 


$200,357 60 


February, 


54,396 


26 


September, 


108,871 58 


March, 


48,135 


79 


October, 


102,485 49 


April, 


66,031 


81 


November, 


128,301 87 


May, 


99,014 


65 


December, 


230,074 08 


T 


115 7«7 


22 






u UUc, 

July, 


X i.O,{ O i 

116,229 


06 




$1,401,425 23 



2(5 



1876. 



January, 


11,574 16 


August, 


$88,557 89 


February, 


.126,423 41 


September, 


75,616 83 


March, 


45,729 89 


October, 


83,879 27 


April, 


25,480 75 


November, 


82,563 50 


May, 


19,958 97 


December, 


62,366 97 


June, 
July, 


73,745 09 
72,786 42 








$758,683 15 



1877. 



January, 


$35,368 12 


August, 


$2,805 86 


February, 


16,040 98 


September, 


17,242 88 


March, 


6,627 86 


October, 


4,064 15 


April, 


7,225 31 


November, 


2,709 53 


May, 


7,579 15 


December, 


3,571 57 


June, 
July, 


28,125 81 
14,831 76 








$146,192 98 



1878. 



January, 


$1,511 66 


August, 


$52,935 76 


February, 


11,216 28 


September, 


60,150 08 


March, 


120,706 24 


October, 


59,190 85 


April, 


20,816 33 


November, 


50,398 13 


May, 


53,521 77 


December, 


68,782 07 


June, 


70,363 65 








July, 


73,569 90 




$643,162 72 



1879. 



January, 


$36,084 55 


July, 


$96,136 3,S 


February, 


29,186 11 


August, 


104,981 22 


March, 


30,679 87 


September, 


102,992 65 


April, 


41,567 73 








May, 


66,682 64 




$580,275 15 


June, 


71,964 00 







27 







Summary 


1872. 


Expended, 




1873. 


u 




1874. 


a 




1875. 


(( 




1876. 


i( 




1877. 


a 




1878. 


a 




1879, 


to Sept. 30, 





Total amount expended out of appropriations, . 

Amount of special warrants paid to William 
Struthers & Sons, and collected by mandamus 
under the decision of the Court, 

Total amount expended to October 1, 1879, 



1156,026 17 
438,241 45 
1,007,725 89 
1,401,425 23 
758,683 15 
146,192 98 
643,162 72 
580,275 15 

;5,131,732 74 



265,196 26 



),396,929 00 



Amounts collected in each year from 1872, when the tax was first 
levied, to October 1, 1879, 07i account of direct tax for Public 
Buildings. 

Amount of Public Building Tax collected, 1872, $326,978 67 

" 1873, 469,972 68 

1874, 507,693 26 

1875, 1,208,518 63 
" 1876, 630,417 72 

1877, 126,392 97 

1878, 40,505 06 
Oct. 1, 1879, 18,139 17 



$3,328,618 16 

The year 1876 was the last for which a direct tax was levied 
for the Public Buildings. The amounts; collected in the subse- 
quent years were arrears from former years. 



28 



Recei})ts from Puhlic Buil 



ing Commission, 


1872, 


$875 00 


a 




1873, 


1944 86 


« 




1875, 


1000 00 


(( 




1877, 


500 00 


n 




1878, 


500 00 


Oct. 


1, 


1879, 


375 00 



$6194 86 

The whole amount received from Public Building Tax was 
placed to the credit of the Public Building Fund. 

The money received from the Commissioners for rent of fence, 
sale of old material, etc., went into the general fund of the city. 



29 



Philadelphia, September 24, 1879. 

To the Select and Common Councils 

of the City of Philadelphia : 

The Act of Assembly, approved August 5, 1870, to provide 
for the erection of the Public Buildings, enjoins that the " Com- 
missioners shall make requisition on the Councils of said City 
prior to the first day of December of each year, for the amount 
of money required by them for the purposes of the Commission 
for the succeeding year ; and said Councils shall levy a special 
tax sufficient to raise the amount so required." 

The Act of Assembly approved June 11, 1879 (Pamph. Laws, 
p. 130), makes it "the duty of the said Councils to levy and fix 
a tax rate on or before the first day of October in each and every 
year, for the year next ensuing." 

To prevent any possible misunderstanding, or ground for 
failure to provide " the amount of money required for the pur- 
poses of the Commission for the succeeding year," the Com- 
missioners hereby make requisition on Councils for the sum of 
$1,274,000, required for the purposes of the Commission for the 
year 1880. This amount corresponds with that mentioned in 
the communication addressed on behalf of the Commissioners to 
the City Controller, under date of July 12, 1879, and was spe- 
cifically set forth as one of the items of estimated expenses of 
the City for 1880, in the "detailed statement of the estimated 
receipts, expenditures and liabilities of every kind for the next 
fiscal year," furnished by that officer to Councils, in accordance 
with the requirements of the above-mentioned Act of 11th 
June, 1879. 

Very respectfully, 

Samuel C. Perkins, 

Prenident of CommisKioners. 



OPINION 



WILLIAM RAWLE. 



TO THE COMMON COUNCIL OF THE CITY OF 
PHILADELPHIA, 

3Iay 2H, 1799. 



AS TO THE RJGHT OF THE CITY TO THE CENTKE (PENN) 

SQUARE, AND TO ERECT A BUILDING FOR PUBLIC 

PURPOSES UPON THE INTERSECTION OF BROAD 

AND HIGH (MARKET) STREETS. 



33 



OPINION FOR THE COMMON C^OUNCIL ON THE 
RIGH'J^ OE THE CTTY TO THE PUBLIC SQUARE 
AT THE JUNCTION OF STREETS FOR AN EN- 
GINE-HOUSE, Etc. 

Having been consulted by the Committee appointed to take 
the "opinion of counsel as to the right of the Corporation [of 
the City of Philadelphia] to apply any part of the Centre Public 
Square, or the conjunction of High and Broad Streets, as they 
are at present laid out, to the purpose of erecting an engine- 
house for the steam-engine," I have to regret that the shortness 
of the time, and the sudden removal of the public papers to 
'Lancaster, will prevent my entering into as full an examination 
of the question as its importance requires. 

I have been favored with copies of the opinions of two eminent 
professional characters, Mr. Bradford, the late Attorney-General, 
and Mr. Wilcocks, the present Recorder, and I concur with both 
those learned gentlemen in the only point in which they seem to 
agree, viz., that the legal property of the public squares (except- 
ing as hereafter mentioned) is now vested in the Commonwealth. 

There seems no reason to doubt that William Penn intended 
to grant five lots of ground, within the limits of the city, foi* 
public purposes. But this conviction, at least as to the whole 
number, rests more upon tradition than upon what is properly 
legal evidence of any kind. A map or plan of the City of 
Philadelphia, published by Thomas Holmes, then Surveyor- 
General, is the oldest document generally referred to. In this 
plan five vacant squares are delineated, which are generally sup- 
posed to be those intended by the Proprietary for public accom- 
modation. 

It is proper to observe that, notwithstanding the authenticity 

and correctness generally ascribed to this draught, the Centre 

Square, as it has been laid out longer than the memory of any 

man living, lies 890 feet further westward than the place as- 

3 



34 

signed to it hy Holmes. The siliuition of" the other squares is 
conformable to the plan. 

This plan, except some extracts inserted in a book of no 
authority, published by one John Reed, seems to have been 
generally considered as the whole of the existing evidence of the 
right to the squares in question. Mr. Proud, whose industry 
and ingenuity led me to hope that some further lights would be 
thrown on this subject, has added little to the stock of evidence. 
After quoting what had already been printed by Reed, as part of 
Holmes's description : " In the centre is a square of ten acres at 
each angle, to build houses for public affairs. There is also in 
each quarter of the city a square of eight acres, to be' for the 
like uses as Moor fields in London," he inserts from Oldmixon, 
who affirms that he had his information from William Penn 
himself, the following account : " In the centre is a square of 
ten acres for the state-house, market-house, school-house, and 
chief meeting-house of the Quakers. In each quarter a square 
of eight acres, for the like uses as Moor fields in London," etc. 

But the strongest piece of evidence which I have met with, 
applicable however to only one of the squares, seems to have 
escaped the attention of the two learned counsel. In the charter 
granted to the city by William Penn, which is supposed to have 
proceeded from the complaints of the inhabitants of the city 
(see 1st vol. Votes of Assembly, pp. 144 and 145), after grant- 
ing that all the vacant land within the bounds and limits of the 
city shall remain open, as a free common or pasture for the use 
of the inhabitants of the city, until the same shall be gradually 
taken in to build or improve thereon, he provides: "That noth- 
ing herein contained shall debar me or my heirs, in time to come, 
from fencing; in all the vacant lands that lie between the Centre 
Meeting-house and the Schuylkill, which I intend shall be divided 
from the lands allotted by me for Delaware side, by a strait line 
along the Broad Street from Edward Shippen's land, through the 
Centre Square by Daniel Pegg's land." 

This is a solemn recognition of the existence of a public square 
under that denomination, and it does not seem material whether 
its site was shifted further westward before or after, for, if the 



35 

Proprietary or his officers afterwards advanced the site further 
westward and sold that originally laid out, an equitable right to 
the substituted plot would unquestionably arise in lieu of the 
other. But it is understood that the alteration took place about 
the year 1684, and therefore the charter refers to the square now 
vacant in or near the centre of the city limits. It is remarkable 
that only this square is noticed in the charter, and, in the stipu- 
lations that the enclosing the westward part of the city shall not 
be deemed an encroachment as to the streets, no notice is taken 
of the two western squares. Nor are any of the squares men- 
tioned in the address of the Assembly to the Governor, a circum- 
stance which may however be accounted for on other grounds 
than a consciousness of the deficiency of right imputed by Mr. 
Bradford. 

Part of the Centre Square is now understood to be in posses- 
sion of a private person, in whose title is included a sheriff's 
sale in 1750, and the silence of the corporation has been con- 
strued into an acquiescence. If their acquiescence operates against 
them at all, it can only be for so much as was sold, and therefore 
it is unnecessary to discuss its effect at present. 

The patents which have been granted for lots lying in this 
square would throw additional light on the subject. If they call 
for the public square in express terms, they strengthen the evi- 
dence of the city's right. If they refer only to vacant ground, 
they would not weaken it. I have seen none of them, but think 
it might be useful to consult them. 

The questions put to me being confined to the Centre Square, 
I abstain from any inquiry into the rights of the city to the otlier 
lour squares. They are, perhaps, doubtful and obscure, and 
whenever they become a subject of judicial inquiry, will require 
a laborious investigation ; but in respect to the Centre S(i[uare, 
my impression is in favor of the equitable right of the city to 
employ it for |)urposes of public utility. But before closing the 
consideration of this point it may be proper to notice that, since 
the Commonwealth succeeded to the rights of the Proprietary 
family, no legislative act has supplied the deficiencies of the title 
to these squares. 



36 

By an Act of Assembly passed on the 28th March, 1780, the 
President of the Supreme Executive Council was authorized to 
sell so much of the lots and lands lying within the city of 
Philadelphia, belonging to the Commonwealth, as should be suffi- 
cient, w'ith part of Province Island, to redeem the emission of 
£100,000; and by an Act of 10th April, 1781, those sales were 
directed to be made with all convenient speed. Nothing in either 
of these acts can be construed into a recognition of the right of 
the city to either of the squares ; no part of the act authorizes 
the Executive to except them from the sales. But I am informed 
that, by the directions or with the approbation of the President, 
a square, equal in size to the N. W. square sold to Mr. Hamilton, 
and lying to the westward of it, was reserved and left unsold. 
On the S. W. side, the square originally intended, or believed to 
be intended, by William Penn for the use of the city, was sold 
by the President's directions ; and another square of equal di- 
mensions, lying to the westward of it, was reserved in like man- 
ner. So that the right of the city remains, since the Pevolution, 
on much the same foundation as that on which it stood before. 

That the benefit of these reservations, and the right to what 
remains of the other squares, may not be totally lost, I strongly 
recommend to the corporation an early application to the I^egis- 
Uiture, who, perhaps, may be willing to console us, in the shade 
of their absence, by an express grant of what it would be dis- 
honorable to withhold. 

The next consideration is the right to erect the ])roi)osed build- 
ing at the conjunction of High Street and Broad Street. 

The soil of the streets is now the legal property of the Com- 
monwealth ; the right of passage over them belongs to all persons 
alike ; the inhabitants of Philadelphia share it in common with 
all others. By the charter of incorporation, granted to the city 
by William Penn, it is expressly declared that the streets of the 
city shall forever continue as now laid out and regulated. Thus 
all power of contracting them, or interrupting the passage over 
them, is precluded, unless by the intervention of the Legislature, 
and even that intervention must be understood with necessary 
limitation. It has hitherto been sparingly exercised : to dig 



37 

wellsj fix pumps, erect lamp-posts, and carry out tlie market- 
house, is the general summary of the powers granted. But 
without the aid of the Legislature it is difficult to discover what 
greater right the corporation of the city has to erect a building, 
or make an enclosure in one of the streets, than a private indi- 
vidual. 

In relation to the State at large, the corporation is in this re- 
spect but as a private individual. It is true that a difference of 
motives may, in a moral point of view, distinguish between the 
acts of the private individual and the corporate body, but it has 
been held in the Supreme Court of this State that although the 
measure may tend to the benefit of the public, it will not render 
the encroachment on the public property less a nuisance. 

The law, adhering to general rules, sometimes assumes a char- 
acter of harshness, and in this instance, where the hope of saving 
the health and the lives of thousands has alone sug;g;ested the 
plan, we might feel an inclination to complain of its restraints if 
it did not remain in the power of the corporation, by erecting 
their buildings on some undisputed spot, to retain the benevolent 
part of the plan while they relinquish its ornaments. 

W. Rawi.e. 

28th May, ]79it. 



LIBRARY OF CONGRESS 



014 314 853 1 % 



